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H1B visa transfer from F1 without OPT

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  • H1B visa transfer from F1 without OPT

    I came to the US in 2009 and completed my MS in CE in 2011. I worked with a semiconductor company from 2011 to 2015 (I changed locations in 2013 but worked with the same employer).

    I had to move back to India as my marriage ended in 2015. I had my support system back in India and hence moving to India turned out to be really helpful.

    I recently came back to the US on qn F1 visa and started my PhD program in January 2018.

    But I realized that a PhD is not a piece of cake and it is a lot harder than I thought it to be. So I started applying and found an employer who filed for an F1 to H1B visa transfer.

    Is this allowed? F1 to H1B while pursuing graduate studies?
    I remember giving my arital status as "single" instead of divorced. Will this be an issue while the I-129 is being processed?
    Are there chances of a H1B rejection because I am on an F1 visa?

    Thanks and Regards
    Last edited by samlynn; 08-07-2018, 09:21 PM.

  • #2
    Originally posted by drahul118 View Post
    I came to the US in 2009 and completed my MS in CE in 2011. I worked with a semiconductor company from 2011 to 2015 (I changed locations in 2013 but worked with the same employer).

    I had to move back to India as my marriage ended in 2015. I had my support system back in India and hence moving to India turned out to be really helpful.

    I recently came back to the US on qn F1 visa and started my PhD program in January 2018.

    But I realized that a PhD is not a piece of cake and it is a lot harder than I thought it to be. So I started applying and found an employer who filed for an F1 to H1B visa transfer.

    Is this allowed? F1 to H1B while pursuing graduate studies?
    I remember giving my arital status as "single" instead of divorced. Will this be an issue while the I-129 is being processed?
    Are there chances of a H1B rejection because I am on an F1 visa?

    Thanks and Regards
    -Darshan
    You can always do a COS from F1 to H1.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Yes I think they are planning to do a COS.

      Will that be an issue? I have never been denied a visa. I am just concerned as it is a transfer from F1 to H1B.
      I am sure many people would have faced the issue but I am not aware of any and hence a little concerned.

      Originally posted by scientist2016 View Post
      You can always do a COS from F1 to H1.

      Comment


      • #4
        Originally posted by drahul118 View Post
        Yes I think they are planning to do a COS.

        Will that be an issue? I have never been denied a visa. I am just concerned as it is a transfer from F1 to H1B.
        I am sure many people would have faced the issue but I am not aware of any and hence a little concerned.
        As I said earlier, there is no issue with filing a COS from F1 to H1B. In-fact a significant portion of H1 filings every year are of this type.
        Just an opinion; Not legal advice.

        Comment

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